CCR1990232COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #232-90
APPROVAL OF SUBDIVIDER'S AGREEMENT AND
LETTER OF CREDIT
(JC Development)
WHEREAS, the Subdivider's Agreement and Letter of Credit have
b.een received for JC Development, as attached, and
WHEREAS, the Finance Committee has recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby approve the Subdivider's Agreement and
Letter of Credit for JC Development, as attached, subject to
approval of the City Attorney and City Engineer, and approval of
the rezoning from RS-3/B-2 to RS-3/B-Z(OPD).
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
City.
authorized to sign the necessary documents in the name of the
0 DATED THIS 9t.h DAY OF October , 1990.
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
ATTEST :
City Clerk
10/90
jz
SUBDIVIDERS AGREEMENT
This agreement, made this 2 day of &7i06E& ,
1990 by and between JC Development Corp., the "Developer"
and the City of Muskego, a municipal corporation of the
State of Wisconsin, located in Waukesha County, hereinafter
called the "City".
WITNESSETH
WHEREAS, Developer has submitted for approval by
the City a proposed final plat for JC Development Corp., a
residential subdivision, a copy of which is attached hereto,
made a part hereof and marked Exhibit "A" (the
"Subdivision") ; and
provides that as a condition of plat approval, the governing
body of the City may require that the Developer make and
install certain public improvements reasonably necessary for
the Subdivision and further, may require dedication of
public streets, alleys or other ways within the Subdivision,
to be conditioned upon the construction of said improvements
according to municipal specifications without cost to said
municipality; and
the Developer's plans and specifications for subdivision
WHEREAS, the City's Engineers have duly approved
improvement and the Common Council has duly approved and
approved the final plat
authorized the terms and provisions of this agreement and
herein contained, the parties hereto agree as follows:
WHEREAS, Section 236.13 of the Wisconsin Statues
NOW, THEREFORE, in consideration of the covenants
SECTION I. IMPROVEMENTS:
The developer, entirely at its expense, shall:
A. Roads and Stre-: Grade and improve
all roads and streets in accordance with the plat of said
Subdivision and the plans and specifications attached
hereto, made a part hereof and marked Exhibit "B", all in
accordance with the City's street specifications.
B. SL.face Water Drains-ge:
1. Construct, install, furnish and
provide adequate facilities as approved by the City engineer
and Public Works Committee for storm and surface water
drainage throughout the entire subdivision, in accordance
with the plans and specifications attached hereto, made a
part hereof and marked Exhibit "C".
Developer such permits for easements as may be required in
any public street or property to enter upon and install the
above described surface water drainage system.
2. The City shall furnish to the
1
C. WAT-EE: Construct, install, furnish, and
provide a complete system of water supply and distribution,
throughout the entire subdivision, as approved by the City
Engineer and in accordance with the plans and specifications
attached hereto as Exhibit "D". The cost of the preparation
of as-built plans shall be paid by the Developer.
D. SANITARY SEWER: Construct, install, furnish,
and provide a complete sanitary sewage collection system
throughout the entire subdivision, all in accordance with
the plans, specifications and drawings attached hereto as
Exhibit "E". The cost of the preparation of as-built plans
shall be paid by the Developer.
E. LANDSCAPING:
1. Preserve existing trees, wherever
2. Remove and lawfully dispose of all old
possible, in the construction of Subdivisions improvements.
barns, outbuildings, destroyed trees, brush, tree trunks,
shrubs and other similar natural growth, and all rubbish.
in accordance with section 8.13 of the Muskego Land Division
Ordinance and Resolution #P.C. 72-76.
3. The Developer shall plant street trees
F. ROADSIDE DITCHES: Must meet City of Muskego
specifications.
SiCTION ZJ-. TIME OF COMPLETION OF IMPROVEMENTS=
The improvements set forth in Section I above
shall be completed by the Developer in total within twelve
(12) months of the date of this agreement or recording of
the final plat, whichever date comes first.
sECTI_o_N_--I~~-~~~~C~I~
Subject to all of the other provisions of this
agreement, Developer shall, without charge to the City, upon
completion of the above described improvements,
unconditionally give, grant, convey and fully dedicate the
roads and streets, storm and surface water drainage
facilities to the City, its successors and assigns, forever,
free and clear of all encumbrances whatever together with
and including, without limitation because of enumeration,
any and all land, buildings, structures, mains, conduits,
pipes lines plant, machinery, equipment, appurtenances and
hereditaments which may in any way be a part of or pertain
to such improvements and together with any and all necessary
easements for access thereto.
7
0 SECTION IV. INSPECTIONS AND ADMINISTRATION FEES:
fees as required and at the times specified in Section 18 of
The Developer shall pay and reimburae the City all
its Land Division Ordinance.
sECTIaNV.~_~~S~~~~A~E-O~SEM.E~~S~
The Developer shall:
A. Easements: Provide any easements on
Developer's land deemed necessary by the City Engineers
before the final plat is signed, provided such easements are
so located as not to render any lot unbuildable or
unsaleable.
cost of all street signs and posts and the cost of their
B. Street Siqns: Reimburse the City for the
installation, this to include all traffic signa.
C. Manner of Performance: Cauae all
construction called for by this agreement to be carried out
and performed in a good and workmanlike manner.
0 any survey or other monuments required by statute or
ordinance.
D. Survey Monuments.: Properly place and install
E. Deed Restrictions: Execute and record deed
and marked Exhibit "F".
restrictions in the form attached hereto, made a part hereof
the City a copy of Exhibit "A" showing the street grade in
front of each lot, the yard grade and the grade of all four
corners of each lot.
F. Grades: Furnish to the Building Inspector of
G. Street liqhts.: Install street lights in
accordance with Section 8.11 of the City's Land Division
Ordinance.
0
fence, wall, hedge, or shrub planting which obstructs sight
lines at elevations between Two (2) and Six (6) feet above
the roadways shall be placed or permitted to remain on any
corner lot within the triangular area formed by the street
property lines and a line connecting them at points twenty-
five (25) feet from the intersection of the street lines, or
intersection of the street property lines extended.
in the case of a rounded property corner, from the
H. Siqht Distances: Restrict lots so that no
e
0
a
I. Boat Storaqe Buildinq: Since the planned
development of single family homes conflicts with the
planned construction of a boat storage building on the same
site (as described in the Developers Agreement, Section V
paragraph D dated November 29, 1988 between the City of
Muskego and JC Development Corp. (formally known aa
Agreement, the right was granted to the Developer to
Ingersoll Development Corp.)), and in said Developers
construct a mixed use facility or up to ten (16) single
family homes, JC Development agrees not to construct said
boat storage building.
described in the Developer’s Agreement, section V, paragraph
0, dated November 29, 1988 between the City of Muskego and
JC Development )formally known as Ingersoll Development
Corp)) is to be moved to the middle of Bay Breeze
Condominiums in the park common area (an area that is bound
by buildings 7, 8, 9, 10, 11, and 12).
J. T-ennis Courts: The tennis court, (as
K. Mixed-use Facility: Since the planned
development of single family homes conflicts with the
site (as described in the Developer’s Agreement, section V,
planned construction of a mixed-use facility on the same
paragraph K, dated November 29, 1988, between the City of
Muskego and JC Development (formally known as Ingersoll
right was granted to the Developer to construct up to ten
Development Corp.)), and in said Developer’s Agreement, the
(10) single family homes in place of said mixed-use
facility, the Developer agrees not to construct said mixed-
use facility.
described in Section I against defects due to faulty
materials or workmanship provided that such defects appear
within a period of one (1) year from the date of dedication
and acceptance. The Developer shall pay for any damages to
City property resulting from such faulty materials or
workmanship. This guarantee shall not be a bar to any
action the City might have for negligent workmanship or
materials. Wisconsin law on negligence shall govern such
situation.
The developer shall guarantee all improvements
SECTION VII. GENERAL INDEMNITY:
In addition to, and not to the exclusion or
prejudice of, any provisions of this agreement or document8
incorporated herein by reference, Developer shall indemnify
and save harmless the city, its officers, agents, and
employees, and shall defend the same from and against any
and all liability, claims, losses, damages, interest
actions, suits, judgements, costs, expenses, attorney's
fees, and the like to whomsoever owned and by whomsoever and
whenever brought or obtained, which may in any manner result
from or arise in the course of, out of, or as a result of
the Developer's negligent construction or operation of
improvements covered thereby, or its violation of any law or
ordinance, the infringement by it of any patent, trademark,
trade name or copyright, and its use of road improvements
prior to their formal dedication and acceptance by the City.
S~C~N_1/_I_I_I,.AGREEMENT_~~R~ENE_EIT~OF..PURC~~S-ELIS:
The Developer agrees that in addition to the
City's rights herein, the provisions of this agreement shall
be for the benefit of the purchaser of any lot or any
interest in any lot or parcel of land in the Subdivision.
As and when the Developer shall have completed the
improvements herein required, and shall dedicate the same to
the City as set forth herein, the same shall be accepted by
the City if said improvements have been completed as
required by this agreement and as required by applicable
City ordinances and other applicable law and approved by the
City Engineers.
SJ-CT19lLX.. ERos-19.N O~~R.OL...~LAN..AND..PE_PMT:
The Developer shall submit to the City, an
application for a land disturbing permit and an erosion
control plan in accordance with the requirements of Section
29.06 of the City's Erosion Control. Ordinance (Ord. #560).
sECTJ9-KX.L CO-N.S.T.RVCT~O~-,.PEpMI_TS~-.,~E-T~-~:
1. The City shall, within its authority, issue
such permits, adopt such resolutions, and execute such
documents as may be necessary to permit Developer to
construct the improvements in accordance with the plans and
specifications called for by this agreement, upon
Developer's compliance with any deposit provisions or other
requirements of the applicable ordinances or regulations;
and the City shall cooperate with the Developer in obtaining
similar permits, resolutions and documents as may be
necessary from other authorities having jurisdiction in the
premises.
Developer executing this agreement, make available to the
2. The City shall, as a condition of the
Developer or its nominee successors or assigns, building
permits for the construction of single family residences
subject to the provisions of Section XII.
S.EC_T_IOJ!!XFL R,V_l.L-D-~~G-A~D-~C~U~AN~~ PERMITS_:
The Developer shall be allowed to construct no
more than two (2) model homes. It is expressly understood
and agreed that no building permits shall be issued, nor
shall any occupancy permits be issued either for the said
model homes, or any other homes until the City's Engineers
have determined that:
A. The sewer and surface water drainage
facilities required to serve such homes are connected with
an operation system as required herein, and
the condition of the roads then existing to aerve such hornea
B. That the City's Engineers have approved
as sufficient to service the traffic reasonable anticipated
during the period prior to the date when the roads must be
completed and dedicated.
sE.~~~~~N_X_I_.I."_GN~~~~~~~~~~~~~~N~~~.~~~~~~~LA~~~~~:
incorporated herein by reference, and all such provisions
All the provisions of the City's ordinances are
shall bind the parties hereto and be a part of this
agreement as fully as if set forth at length herein. This
agreement and all work and improvements required hereunder
shall be performed and carried out in strict accordance with
and subject to the provisions of said ordinances.
sEcrLo.~~_lc_I_v...~~~s~~.~.~.A.L"Gv~~~~~~~~.:
Prior to the execution of this contract by the
City, the Developer shall file with the City a letter of
credit setting forth terms and conditions approved by the
City Attorney in the amount of S 98,800.00 as a guarantee
Developer and his subcontractors no later than one (1) year
that the required improvements will be completed by the
from the date of the recording of the final plat or the date
of the agreement, whichever date comes first, and as a
further guarantee that all obligations to the subcontractors
for work on the development are satisfied.
Developer or its assignees shall be bound by the
terms of this agreement or any part herein as it applies to
any phase of the development of the subdivision.
IN WITNESS HEREOF, Developer and City have caused
this agreement to be signed by their appropriate officers
and their seals to be hereunto affixed in duplicate original
counterparts on the day and year first written above.
JC DEVELOPMENT CITY OF MUSKEGO
By :
Colette J. Giefer
President
JC DEVELOPMENT CORP.
By :
John S. Ingersoll, Jr.
Secretary
JC DEVELOPMENT CORP.
By :
Wayne G. Salentine
Mayor
CITY OF MUSKEGO
By :
Jean Marenda
Clerk
CITY OF MUSKEGO
DRAFT COPY
FIRST NATIONAL BANK OF DES PIAINES lR.EVQCABLE STANDBY LETTER OFCREDIT
Dale: October lo. 1990 RE:UCNo. X&XI(
Beneficiary
City 01 Muskego
W. 182 South 8200 Racine Ave.
Muskego, Wisconsin 53150
A*liCOnt
1. C. Development Corp.
P.O. BOX 398
Murkego. Wisconsin 53150
S66Werl 14429 lanesvillr Rd.
ExpirationDsle: JAJ, /a ., 1992
Amount: Ninety eight thousand and 001100
dollar3 698,000)
Gentlemen:
We hereby issue this Irrevocable Standby Letter of Crsdit in your favor which is available by Beneficiary's
draft(%) at siyhl drawn on First National Bank ol Des Plainer. 701 Lee Street. Des Plainer. IL 60016, Each drah.
Each drall accompanying documents must stale '"Drawn Under First National Bank of Des Plainer Letter 01
Credit No.= All draflr must be accompanied by llw original Lellcr of Credit end statemenl signed by the
mnrlruction improvetnenlsof SEd,mJi*F ?nERlu&~%&cordance with said agreement. Satd
Mayor of the City of Muskego stating llm J. C. Dsreiopment C rporallon has failed to complete the
slalernenl shall set forlh the eslimated amount tequired for tile City of Muskego to complele such
improvements.
Tlris standby Leller 01 Crednl will lerntinale on llle &''by of TAU. , 199Zprovided. however. tb* Ihe First
National Bank of Des Plaines slull give written noh by Cetlified Mail to the beneficiary of its intention 10
lerminate Illis Standby Lrller of Ctedit at least 90 days lprior to the explralion date. In the event thc Bank
1811s to provide90 day advance expiration notiflcaliol; regarding the TAr/ /or" 1'392 erpiration dale aher
said date this Leltrr 01 Cvsdlt can only lemmimte upon '30 days written no2 by Certified Mail to the
beneliciary
It is herelly agreed by all parties tmeto that Ihr Referellre to "Agreement is for identification purposes only
and such references shall no1 be construed in any manner to require First National Bank of Des Plames to
inquireinloit'sterms and obhgations.
We agree thal my and all drattrdrawn uder and in ~Cmplim~e wilt, llle term of lhis Letter of Credit will he
duly honored If presented on or before the expiration date.
Very lrdy yours.
THE FIRS1 NATIONAL BANKOFDESPLAINES
BY:
VicePresident-Manager
PUBLIC IMPROVEMENT COST BREAKDOWN
Indicate the cost of each public improvement to be. installed-
List amounts for each category and sub-category item. Contractors
bid estimates should be submitted with this breakdown. The City
Engineer will review this breakdown and approve a total amount to
establish a Letter of Credit.
s Amt.
1. Road Construction
a. Excavation to subgrade ALREADY COMPLETE
b. Stone base material 5,100.00 (P ?x 0
c. Bituminous base course pavement 5,870.00 (P ?x
d. Bituminous surface course pavement1991 Price4,730.00 (' ?x - e. Concrete pavement
f. Other
TOTAL
2. Site Grading-Landscaping
a. Lot grading
b. Drainage ditch construction
c. Retention pond constructfnn
d. Parking area construction-incl. pavement
e. Tree h shrub plantings
E. Other
f. Landscaping as specified by city
TOTAL
3 Topsoil, Seeding/Sodding
a. Road ditch areas
b. Terrace areas-in R.O.W.
d. Retention ponds
c. Drainage ditches
e. Areas as specified by city
f. Other
TOTAL
4. Concrete Improvements
a. Curb h gutter
b. Sidewalk
c. Blvd./traf.fic islands
d. Ditch inverts
e. Other
TOTAL
15,700.00
-
COMPLETED
NONE
NnNF
)*
,.-..-
NONE
2,860.00 (NATURES - NOOK
2,860.00
-
1,500.00 (NATURES
-
- NOOK)
1,500.00
-
8,300.00 (P & D)
8,300.00
-
5. Sanitary Sewer System
a. Mains, risers h manholes
b. Laterals
c. Dumping station h generatot
INCLUDED BROS.
INCLUDED INC. )
d. Force main INCLUDED
e. Grinder. pumps h chamber-individual dwelling INCLUDED f. Other
TOTAL 18,014.80
-
-4-
*P & 0 = PAYNE AND DOLAN
. i.
e
0
e
Page 2, Public Inprovement Cost Breakdown
6. Water Yain S7stem
b. Hydrants h leads
a. Mains, valves, h manholes
c. Water services
d. \Jell h pumphouse
e. Other
TOTAL
7. Storm Sewer System
a. Mains h nanholes
b. Catch basins h leads
c. Culverts
d. Drain tile
e. Headvallsldischarge structures
f. Other
TOTAL .,
8. Special/ Nisc. Improvements
a. Street lizhts
b. Street sLsns
c. Sisns as specified by city
d. Other
TOTAL
$ Amt
24,258.75 (DEBELAK
3,490.00 BRDS
INCLUDED I NC
INCLUDED
.)
27 ,.?48.75
17,688.65 (DEEELAK
INCLUDED
INCLUDED
BROS.
INCLUDED
INC. )
INCLUDED
17,688.65
-
-n-
Est. 200.00 (CITY OF
-
-0- MUSKEGD)
200.00
-U-
9. Fees
b. Engineeri2g inspections (required for all Letters
a. City-adni?. -0-
c. Engineering; as built drawings for water and- &
d. Legal
e. Land acquisition
TOTAL
f. Other
of Credirj 1 500 OO(RUEKERT
sewer. 1,500.00 MIELKE) - - -
3,000.00
TOTAL PROJECT ESTIMATE 95,012.20
Note: At tLme of submittal of the Letter of Credit, the
developer, as per Section 10.8 of the Land Division Ordinance.
shall submit an administraz fee of $25 plus $50 per public
improvement category.; excepting the categories of Special/Misc.
Improvements and Fees. (categories 8 and 9)
CHLPREPLAT
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